DANGEROUS DRIVING

Northern Advocate, 26 November 1928, Page 4

DANGEROUS DRIVING

COLLISION IN BANK STREET,

At the Whangarei Magistrate’s Court ithis morning, Mr J. H. Luxford presiding, a double-barrelled charge was preferred against George Irwin, who it was alleged, on November 3, not being the holder >of a driver's license, drove a motor ear along Bank Street in a manner dangerous to the public. A plea ef not guilty was entered in respect to the dangerous driving charge, and guilty in that of driving without a license.

'Senior-Sergeant O’Grady narrated the circumstances of the case. Accused was driving down Bank Street, and in attempting to pass other traffic swerved to the right on to his wrong side, with the result that he collided with a car, driven by W. X Dawson, borough electrical engineer, causing considerable damage. Noticing some children about to cross the footpath, Dawson said he slowed down about 75 feet from the Aubrey Street intersection, ' Irwin’s car, following another, swerved across, hitting witness’ bar on the right-hand wheel and mudguard. The force of the impact was sufficient to knock his stationary ear 16 inches to the rear. The car, which was an Austin twelve, weighing 32ewtj was pulled „up on the correct side, nine feet from the footpath. A plan of the accident scene was -produced, and measurements given. Dawson said that, from defendant’s general appearance and method of speech; Irwin seemed to be under the influence of drink.

“What makes you think that, Mr Dawson?” asked the Bench, •

“Well, for one thing, he asked me, ‘ ifot to make it too hot, old sport. ’ ” “The words ‘old sport’ are generally indicative, of insobriety when applied so,” agreed his Worship. Continuing, Dawson said that another passenger in the cor attempted to make away with a cargo of bottled beer, but was prevented from " doing so by Bennett, a passenger in witness’ car. After the accident Irwin, went into the Chinaman’s, shop and came out chewing something. Ctossi : examined, witness admitted that Irwin’s nose was bleeding profusely when he went into the Chinaman’s shop,, counsel submitted that it was more than probable this caused the visit, rather than the purpose of buying chewing gum. Having his car parked opposite the Chinaman’s shop, A. J. Menzies said that he saw Irwin’s grey Chevrolet swerve out in an attempt to pass another car, really attempting to make it a five-car road/ Both ears were moving ait a slow,pace, and after the accident they were so locked together that a coat of paint could not be pliaced between. :A ■ yellow ear was travelling just behind the Chevrolet, and if Irwin had not swerved a jam might have resulted. Constable Norris, who arrived on the scene shortly after the collision, said he saw four bottles of beer reposing on .the back seat. Counsel said the crux of the whole matter was the passing of the yellow car. Either Irwin had to strike the yellow car or swerve over to the right. Defendant might have been guilty of an error in judgment, but certainly not of negligent driving, in the box, Irwin stated that when

ho came out of Aubrey Street the yellow car was slightly, behind him, and by the time he had crossed right over to his correct side it was (travelling abreast. A passenger, who was teaching defendant to drive, called to Mm to look out to avoid a collision, either with Menzies’ stationary car or the yellow vehicle. As it was the first ‘time h!? had been amid traffic, defendant was bewildered and swung across, colliding with Dawson’s car, which had appeared from behind a spring cart. In the mishap the steering wheel came in contact with his nose, and he went into the Chinaman ’s shop for water. Upon entering the car he had been told that Dent, a passenger, had a driver’s license. “The cause of the accident is apparently attributable to s defendant’s negligence,” said Mr Luxford, in giving judgment. Under the circumstances the only prudent course for defendant to adopt was to have steered behind the traffic travelling along. The accident arose from Irwin’s ignorance and bad handling of the car. By choosing to take the wheel when approaching congested traffic at dusk, defendant had taken the responsibility.

On the charge of 'driving in a manner dangerous to the public, Iriwin was convicted and fined £3, with costs 10s. He was convicted and dismissed on the second charge. Payment of the fine was ordered to be made at the rate of 10s per week.